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To the

CONSTITUTIONAL LAW

of the

UNITED STATES.

ESPECIALLY DESIGNED FOR STUDENTS, GENERAL
AND PROFESSIONAL.

BY

JOHN NORTON POMEROY, LL.D.,

Drax or THE LAW school, AND Griswold PROFESSOR or politicAL SCIENCE IN the UNIVERSITY
of New Yohk; Author of “AN INTRoduction to MUNicipal law.”

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Entered according to Act of Congress, in the year 1868, by John Norton Pom ERoy, in the Clerk's Office of the District Court for the Southern District of New York.

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whAT IS THE constitution, AND BY whom was it creatEd :

THE ESSENTIAL NATURE OF THE ORGANIC LAw, AND OF THE

BODY POLITIC WHICH LIES Behind it.

CHAPTER I.

STATEMENT of THEoRIEs ; NATIONALITY of THE UNITED STATEs.

Importance of this subject . - - - - - - . 25, 26

SECTION I.--THEORIES WHICH HAVE BEEN PROPOSED AND ADVOCATED.

Three theories proposed . . - - - - - 27

I. The complete National Theory - - - . . 28, 29

II. “ 44 State Sovereignty Theory . . . 30, 31

III. “ partial National Theory . - - - - . 32–34

CHAPTER II.

HISTORICAL SKETCH OF THE POLITICAL MOVEMENTS WHICH TERMINATED IN
The Adoption or The CoNstitution.

SECTION I.-PERIOD PRIOR TO THE CONFEDERATION.

CHAPTER III.
The nationAL Attributes involved in THE PROVISIONS OF The Constitution.
SECTION I.- DISTINCTION BETWEEN THE GOVERNMENT AND THE NATION.

examples, United States 91

SECTION II. — THE IMPORTANT AND DISTINCTIVE NATIONAL ELEMENTS IN THE
CONSTITUTION ITSELF; IN THE ATTRIBUTES AND FUNCTIONS OF THE GOV-
ERNMENT.

1. The Preamble.

Language of the Preamble . . . . . . . . 98

National character of the Preamble . . . . . . 94

Preamble of the Confederate Constitution, compared . . . 95

2. The Enacting Clauses.

The powers of the agent cannot exceed those of the principal . 96, 97

I. The Declaration of Supremacy (Art. VI. § 2) . - 98–101

The supremacy belongs to judge-made as well as to enacted law . 99

Interpretation of the IXth and Xth amendments . . . 100, 101

Powers are granted by the people to the States . - - ... 101

II. The Status of Citizenship - - - - - 102

III. The Proprietorship of Public Lands . . . . 103

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